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What Constitutes Contracting Without A License?

What acts constitute contracting without a license in the State of Florida?

A state certified or registered contractor’s license is required for the following jobs: 

(1) Roofing work.  An unlicensed person is only permitted to “dry-in” a structure. Drying-in a structure means the use of tarps, plastic sheeting, or other temporary materials for the sole purpose of preventing further damage to the structure. All permanent repairs must be made by a licensed individual.  

(2) Any plumbing work that requires a permit or is over $1,000 (total contract) 

(3) Any electrical item that becomes fabricated into the structure 

(4) Any additions or major remodeling jobs.
 
(5) Major A/C replacement or repair jobs 

Police and investigators targeting unlicensed contractors will look for:

(1) Construction jobs without a permit posted.

(2) Business names on vehicles without a license number posted.

(3) Contractor vehicles with out-of-state tags 

(4) Ongoing jobs at hours during which business is not normally performed.

Florida Statute 489.127(1)(f) states, "No person shall engage in the business or act in the capacity of a contractor or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being 
duly registered or certified or having a certificate of authority."

Statutory penalties for unlicensed contracting, under Florida Statute 489.127(2)(a), state that, "Any unlicensed person who violates any of the provisions of subsection 
(1) commits a misdemeanor of the first degree."
 
Florida Statute 489.127(2)(c) states, "Any unlicensed person who commits a violation of subsection (1) during the existence of a state of emergency declared by executive order of the Governor commits a felony of the third degree." 

Eric Matheny is a criminal defense attorney serving Miami-Dade and Broward.  If you or a loved one are facing criminal charges in Miami-Dade or Broward, call me today.




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